AB 429

Current law prohibits inattentive driving, which means that a driver of a motor

vehicle may not be so engaged or occupied as to interfere with the safe driving of the

vehicle. Any person convicted of inattentive driving may be required to forfeit not

less than $20 nor more than $400.

This bill prohibits a person from using a wireless telecommunications device

while driving. A "wireless telecommunications device" is defined as any cellular

telephone two-way radio or citizens band radio, personal digital assistant, or other

device while being used by the device's operator to transmit verbal communications,

electronic mail, text messages, or any other electronic communication to one or more

persons not physically present with the device's operator, but does not include any

global positioning system device installed in or on a vehicle.

An exception is provided for a person who uses a wireless telecommunications

device that allows the person to talk and listen without holding the device or any

handset or receiver and the person does not hold or touch the device or any handset

or receiver while driving the motor vehicle. This exception does not apply to a person

who holds a probationary license or an instruction permit and who is under 18 years

of age. Exceptions to the prohibition are also provided for use of a wireless

telecommunications device in response to an emergency or by an operator of an

authorized emergency vehicle. A person found guilty of violating this provision may

be required to forfeit not less than $20 nor more than $400.